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Supreme Court of India 2018-01-10 allowed

Upendra Sharma vs State of Bihar & Anr

Bench: 2 — Kurian

In Brief

The appellant challenged a High Court order issuing non-bailable warrants of arrest on an application filed by the respondent to cancel bail previously granted by the Trial Court. The Supreme Court found no justification for issuing such warrants without following proper procedure. The Court set aside the impugned order and held that the appellant has the right to appear before the High Court and contest the cancellation application on merits. The appeal was allowed, emphasizing that procedural fairness must be observed in bail cancellation matters.

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Criminal Procedure Bail Habeas Corpus Due Process

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